[HISTORY: Adopted by the Town Board of the Town of Verona 12-3-1984 by L.L. No. 2-1984 (Ch. 78 of the 1998 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 114.
Fences and screening devices — See Ch. 136.
Flood damage prevention — See Ch. 143.
Junk and junkyards — See Ch. 162.
Manufactured homes — See Ch. 171.
Sewers — See Ch. 196.
Signs — See Ch. 199.
Subdivision of land — See Ch. 224.
Zoning — See Ch. 224.
This chapter shall be known as the "Town of Verona Local Law
for the Administration and Enforcement of the New York State Uniform
Fire Prevention and Building Code."
There exists in the Town of Verona buildings and structures
which are or may become substandard, unsanitary or deteriorated; and
which could, in the absence of minimal fire prevention measures and
building construction standards, pose hazards to the general health,
safety and welfare of local residents. This chapter is designed to
promote an orderly and efficient means to protect Town of Verona residents
from such hazards, as well as to protect private and public investments
and the revenues derived from such investments.
A.
This chapter shall provide the method for administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code, or other code adopted by New York State, in the Town
of Verona and shall establish powers, duties and responsibilities
in connection therewith.[1]
B.
Despite the presence of this community-wide code, hazards
from fires and inadequate building construction can occur. The adoption
of this code and article shall not be deemed to provide Town of Verona
residents absolute protection from injury, loss of property or loss
of life as a result of a fire or an accident resulting from inadequate
building construction.
A.
The Town Board of the Town of Verona hereby establishes
the position of Uniform Fire Prevention and Building Code Enforcement
Officer, herein to be referred to as "Enforcement Officer," to administer
and enforce the State Uniform Fire Prevention and Building Code within
the Town of Verona. The bureau, corporation, business, department
or individual appointed to fill the position will be so appointed
by resolution of the Board.
B.
The Enforcement Officer shall be considered an official
of the Town.
C.
The Enforcement Officer shall:
(1)
Inspect buildings and premises for compliance with the
Code.
(2)
Maintain records of each certificate of occupancy, certificate
of inspection, inspection finding and decision of appeal.
(3)
Appear at appeals hearings.
(4)
Issue, deny and revoke certificates of occupancy and certificates
of inspection.
(5)
Issue written orders to remedy violations.
(6)
Perform any and all other duties and actions required
by the New York State Uniform Fire Prevention and Building Code.
A.
In order to properly carry out the provisions of the State
Uniform Fire Prevention and Building Code and to assure that dwellings
and structures to which the code applies are properly constructed
and maintained so as to reduce the risk of fire and building material
deterioration, this chapter hereby establishes the following procedures
for inspection of certain new and existing dwellings and structures.
B.
Inspection requirements. All dwellings, structures and
uses regulated under the State Uniform Fire Prevention and Building
Code shall be inspected for compliance with the provisions of such
code. The Enforcement Officer, upon determination that the dwelling,
structure or use complies with the provisions of the State Uniform
Fire Prevention and Building Code shall issue a certificate of inspection.
The Enforcement Officer, upon completion of an inspection and
determination that the dwelling, structure or use so inspected complies
with the applicable provisions of the State Uniform Fire Prevention
and Building Code, shall issue a certificate of occupancy or certificate
of inspection. Such certificate of occupancy or certificate of inspection
shall specify, at a minimum, the name and address of the person issued
the certificate, the address of the dwelling or structure inspected,
the use for which the certificate is issued, the date of inspection
and certificate issuance, any conditions relevant or required as part
of the issuance and the signature of the Enforcement Officer.
Access to buildings and premises by the Enforcement Officer
to conduct inspections shall only be made after reasonable prior notice
has been given to the owner or authorized representative.
A.
Buildings and premises not in compliance with applicable
provisions of the code are deemed to be in violation of the code.
In the case of such violation, a certificate of occupancy or certificate
of inspection shall not be issued. Also, when a certificate of inspection
or certificate of occupancy has been previously issued, it shall be
revoked if such violation is not remedied, as provided for under this
chapter.
B.
Upon determination that a violation of the code, or this
chapter exists in, on or about any building or premises, the Enforcement
Officer shall order, in writing, the remedied action that must be
taken. In addition, such order shall state the provision of the code
that has been violated and shall grant a specific period of time that
may be reasonable to achieve compliance. If there is no compliance
by the agreed upon date, the Enforcement Officer shall issue a stop
order and refer the violation to the Town Board, which shall take
appropriate legal action in accordance with the provisions of this
chapter and New York State Law. Such orders shall be personally served
upon the owner or his authorized agent or shall be sent by registered
mail to the owner or his authorized agent at the address set forth
in the Town tax roll.
C.
A violation of the code or this chapter shall constitute
an offense punishable by a fine not to exceed $250, and each week's
continued violation after expiration of the aforementioned remedial
action period shall constitute a separate violation. This provision
shall not in any way be deemed to reduce or eliminate the Town's
right to initiate or maintain legal action or proceedings to compel
compliance in a court of competent jurisdiction. Similarly, it shall
not be deemed to interfere with the restraining by injunction of a
violation to any provision of the code, or the necessity to order
vacating of premises in the case of imminent peril to life or property.
Any owner or authorized representative of buildings or premises
affected by the State Uniform Fire Prevention and Building Code or
this chapter may appeal to the Regional Board of Review for this region
the following actions:
The Town Board hereby designates the Regional Board of Review
for this region to act as the Board of Review for purposes of hearing
appeals from decisions of the Enforcement Officer, or for appeals
from strict compliance with the provisions of the State Uniform Fire
Prevention and Building Code.
The Town Board may, after public notice and publication at least
five days prior to the effective date thereof (in a newspaper of general
circulation within the Town), adopt such further procedural/administrative
rules and regulations as the Board deems reasonable to carry out the
provisions of this chapter. The Enforcement Officer may make recommendations
to the Town Board to adopt, amend or appeal such rules and regulations
as they may relate to efficient administration and enforcement of
the provisions of the State Uniform Fire Prevention and Building Code.
Such rules and regulations shall not conflict with the State Uniform
Fire Prevention and Building Code, this chapter or any other provision
of law.
Fees to cover the cost of inspections provided for by the terms
of this chapter shall be established by the Town Board. These fee
amounts may be recommended by the Enforcement Officer.
